False Accounts: Why Do Company Statements Often Offer a True and Fair View of Virtual Reality

This article draws attention to the systematic and organised criminal acts committed by legitimate enterprises and professionals, focusing on accounting fraud. Firstly, the extent and consequences of false accounting are considered, then a theoretical framework is outlined which focuses on structural issues commonly found in financial scandals around the world. The Gokal/BCCI fraud is summarised as a case study offering insights into the motives and modi operandi of accounting frauds. The analysis centres on theoretical and practical lessons to be learned from this case, which is placed in the context of evidence from other frauds in Europe and the USA. The article points to the importance of strains and pressures perpetrators are subject to, the rationalisations they use, the organisational culture and anomie. The author concludes with an outline of the policy implications.     

大学生受骗案件初议

近年来,高校大学生受骗案件逐年上升,分析大学生受骗案件的发案原因、诈骗手段及作案特 点,提出防范对策,对保护大学生权益,净化大学校园治安环境有重要价值。     

侦查信用卡诈骗案件之管见

根据信用卡诈骗案件的现状与发展趋势,侦查部门应把立案前重点审查的问题作为切入口,进而针对不同案情运用相应的侦查措施和手段。最后是为进一步建立和完善侦查机制而提出的设想。     

Myths and numbers on whistleblower rewards

Whistleblower rewards have been used extensively in the United States to limit procurement fraud and tax evasion, and since the financial crisis their use has been extended to fight financial fraud. There is currently debate over their introduction in Europe, but authorities there appear considerably less enthusiastic than their American counterparts. While it is important that these tools are scrutinized in a lively democratic debate, much has been written – even by important institutional players – that has no empirical backing or openly contrasts the available evidence from independent research. In this paper we review some of the most debated issues regarding the potential benefits and costs of financial incentives for whistleblowers, while trying to separate existing evidence from conjectures with no empirical support, and myths in contrast to available evidence.     

证券虚假陈述侵权责任中信赖推定之证成——欺诈市场理论局限性的克服

信赖要件在虚假陈述侵权责任的成立中至为关键。证券虚假陈述案件中,实现投资者对信赖的个别证明尤为困难。欺诈市场理论解释力的局限促使我们在侵权责任的逻辑脉络中探寻替代个别考察信赖要件的路径,从而为信赖的推定寻找正当化依据。侵权的相关性结构以及信赖的相关性本质提供了分析的起点。知情交易者与非知情交易者的理论模型解释了投资者权利受损与证券虚假陈述行为的相关性,进而解答了证券虚假陈述侵权责任中对信赖要件作特殊处理的根据。     

电信诈骗犯罪的侦查模式及对策分析

近年来,电信诈骗犯罪虽不断受到公安机关打击,但仍然是一类高发的犯罪,很多人因此上当受骗。电信诈骗手段的翻新速度较快,但不论其诈骗手段如何翻新,电信诈骗都是以"通信"和"资金"作为基本要素实施的。因此,根据电信诈骗的"通信"和"资金"这两个要素,分析电信诈骗的侦查模式,能够更好地实施有针对性的侦查对策。     

金融诈骗犯罪的特点和预防对策

金融诈骗犯罪对我国金融体制的危害日趋严重。随着社会的发展和全球经济的一体化 ,金融诈骗犯罪出现了智能化、专业化、国际化等特征。金融诈骗犯罪的预防应着重从行业预防和法律预防入手 ,建立专业的经侦队伍和银行与警方的协作机制 ,强化打击金融犯罪的国际合作。     

All quiet on election day? International election observation and incentives for pre-election violence in African elections

This article argues that the increasing international interest in elections as exemplified by the rise of international election monitoring induces temporal shifts in the use of violent intimidation by political actors. The presence of international electoral missions lowers the potential for election-day violence relative to the pre-election period because domestic actors likely refrain from intimidating opposition candidates or voters before the eyes of international observers, but creates incentives for political actors to engage in violent manipulation in parts of the electoral process receiving considerably less international attention, such as the pre-election period. The article expects that international election observation increases the incidence of violent manipulation during electoral campaigns. An empirical analysis of election-related violence for African elections in the 1990–2009 period shows that the presence of election observers increases the incidence of pre-election violence, but has no effect on election-day violence.     

Do non-citizens vote in U.S. elections?

In spite of substantial public controversy, very little reliable data exists concerning the frequency with which non-citizen immigrants participate in United States elections. Although such participation is a violation of election laws in most parts of the United States, enforcement depends principally on disclosure of citizenship status at the time of voter registration. This study examines participation rates by non-citizens using a nationally representative sample that includes non-citizen immigrants. We find that some non-citizens participate in U.S. elections, and that this participation has been large enough to change meaningful election outcomes including Electoral College votes, and Congressional elections. Non-citizen votes likely gave Senate Democrats the pivotal 60th vote needed to overcome filibusters in order to pass health care reform and other Obama administration priorities in the 111th Congress.     

论信用证诈骗罪中的“软条款”

软条款信用证是信用证的一种特殊类型，其存在有一定的必然性，对于在信用证中开立软条款的行为不能认为都构成信用证诈骗罪。软条款本身可以是就将来的主观心理的事实进行的欺骗，因此即使没有其他隐瞒真相或虚构事实的欺骗行为，也不影响信用证诈骗罪的成立。在判断行为是否利用软条款实施信用证诈骗罪时，应当注重从开立软条款的目的及软条款的表现形式方面进行认定。